HomeMy WebLinkAboutCT 90-01; Yazdi, Iraj; 1992-0551622; Drainage Fee Agreement/ReleaseIi
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WICIF1L RECORDS RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: G-f C/A/prk CIT Y ; OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 )
v Space above this line for Recorder's use
-a-,, AGREEMENT TO PAY &AI~A& FEES AS REQUIRED BY THE GROWTH ~A~~~~ PROGRAM AND THE ADOPTED LOCAL FACILITIES ~AG~NT PLAN FOR ZONE 1 CT 90 -0 1, PE 2.sIX,25, ~~~ GREEN TUWNHOMES
THIS AGR NT is entered into this 2.5 day of
I 5992 by and between fraj Yazdi, a single man; Daryoush
Yasha, a sltrtgle man: Bernard Rosenthal and Irene M. Rosenthal,
husband and wife; Mehdi Mossazadeh and Shahnaz Mossazadeh,
husband and w$fe, all as tenants in common, hereinafter referred
to as "Developer11 whose address is 7937 Camino Kioacu, San Diego,
CA 92122 and THE CITY OF CARLSBAD, a municipal corporation of the
II State of California, hereinafter referred to as "City" whose
address is 1200 CarZsbad Village D-rive, Carlsbad, California, I 92008.
', W~~E~~~~H~ ,( '; j
WHEREAS, Developer is the' owner of the real property
described as the northerly 188.50 ft. of Lot 23, Block P,
Palisades, in the City of Carlsbad, County of San Diego, State of
California, according to Map 1747 filed in the office of County
Recorder of San Diego County, hereinafter referred to as
llPropertyll; and
WHEREAS, The Property lies within the boundaries of the
City; and
WHEREAS, Developerproposes adevelopmentprojectas follows:
AGREEMENTS AG-9.frm 1 REV. 8/23/90
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six unit residential condominiums on said Property, which
Development carries the proposed name of Chestnut Green
I Townhomes, CT 90-01, PE 2.91.25, SDP 90-02, PUD 90-01 and is
~ hereinafter referred to as llDevelopmentlt; and
WHEREAS, Developer filed on the 23rd day of January, 1990,
with the City as a ~~~~~~-'.~~~ a tentative map hereinafter
referred to as "~~~~~~~~-~~n~
WHEREAS,' ,&I octob4Mt 5, X990 Developer entered into an
agreement with the City to pay Public Facltlities fees of 3.5
percent of the building penmit valuation, A copy of the
agreement is cn file with the City Clerk and is incorporated by
this reieremm
W8EREAS;Beveloper and City recognize the correctness of the
Local Facilitias lanagement Plan for Zone 1, on fil.e~'Mth the
City clerk and incor&orated by the reference, and that ithe City's
drainage facfiitfes may be at or near capacity in the drainage
sub-basin where this development is located, and may not be
available to accommodate t&e additional drainage demands on such
facilities and services resulting from the proposed Development:
and
WHEREAS, said plan for Zone 1 requires that all public
facilities, including drainage, necessary to serve a development
will be available in conformance with the City's adopted
performance standard (said Zone Plan is on file with the City
Clerk and is incorporated by this reference): and
WHEREAS, Developer has asked the City to find that drainage
facilities and services will be available to meet the future
needs of the Development as it is presently proposed: but the
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Developer is aware that the City cannot and will not be able to
make any such finding without financial assistance to pay for
such services and facilities; and therefore, Developer proposes
to satisfy the Local Facilities Management Plan for Zone lby the
payment of drainage fee. 4.' NOW, THEREFORE, in &&g ration of the recitals and the
covenants contained here&', t&parties agree as follows:
1. That the foregoIng zwcital6 are true and correct.
2. The Developer shall pay to the City a drainage fee as
required by the Local Facilit&e@ Management Plan Par Zone 1 as
may be &&ailed in said plan and incorporated by reference and as
determined through the revised Master Drainage Plan nectissary to
provide drainage facilities in conformance with the City*s Growth
Management $wtrformance standard. This drainage fee shall be in
addition to any fees, dedications or improvements required
pursuant to T&tles 18, 20 and 21 of the Carl&ad Municipal Code.
3. This agreement and the drainage fee paid pursuant
hereto are required to enlure the consistency of the Development
with the City's General Plan, the Growth Management Program and
the Local Facilities Man&&ment Plan for Zone 1. If the fee is
not paid as provided herein, the City will not have the funds to
provide drainage facilities and services, and the Development
will not be consistent with the General Plan, the Growth
Management Program or the Local Facilities Management Plan for
Zone 1 and any approval or permit for the Development shall be
void. No building or other construction permit or entitlement
for use shall be issued until the drainage facilities fee is paid
or this agreement is executed.
AGREEMENTS AG-9.frm 3 REV. 8/23/90
4. That Developer agrees to pay the drainage fees
identified by the City Council as necessary to pay for the cost
of providing the drainage improvements or facilities which are
required by the Growth Management Program and the revised Master
Drainage Plan, or any other provision of Chapter 21.90 of the
Carlsbad Municipal Code,, oz~&n$#%%kher provision of law. Payment
shall be due 30 Wiys- krom -the date the drainage fee is
established. Developer h&&by *aives his right to challenge said
drainage fees. Developer ftxther waives any rights to pay the
drainage fees rbferred to herein under protest and that any
protest shall, f ediately subject the project to the provisions
of Section 21.90 of the Carlsbad Municipal Code, or any pkovision
of law. iJ'
5. DWel~per agrees to construct, or partltcipate in
financing tha oonstructfon of public facilities and improvement
identified in the citywide facilities and improvements plan or
the Local Facflitiesg Management Plan to the extent that those
facilities or improvements are aPl.ocated to Developer's property
or project and are not financed by the fees referenced hereto.
6. City agrees to djspc&t the drainage fees paid pursuant
to this agreement in a drainage fund for the financing of
drainage facilities as needed in the City of Carlsbad when the
City Council determines the need exists to provide the facilities
and sufficient funds from the payment of this and similar fees
are available.
7. Subject to paragraphs 3 and 4, the City agrees to issue
building and other development permits pursuant to the provisions
of the Carlsbad Municipal Code Title 18, 20, and 21to the extent
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288
such permit comply with applicable provisions of law.
8. In the event that the payment required by this
agreement is not made when due the City may pursue any remedy,
legal or equitable (including those specifically referred to
herein), against the Developer and the Developer's successors,
heirs, assigns and trans.f~~lii~~~~"'~ithout waiving its rights under
the section, city; Upt-m" Jxqu&t of Developer, may allow
additional ti to pay the Qminage fee.
9. In addition ,to tie &her remedies available to the
City, it is herebp agreed that if Developer does nut pay the
drainage fees smcified by this agreement the City may revoke the
building permit for the project : or may deny or revoke a
Certificate of Occupancy for the project or both upon"15 days
written tic&ice to Developer of the revocation or denial'.
10. Any 'notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving such
notice or by a duly authorized representative of such part. Any
such notice shall not be effective for any purpose whatsoever
unless served in one of the following manners:
10.1. If natQx'&s givien to the City by personal
delivery thereof to the City or by depositing same in the United
States Mail, addressed to the City at the address set forth
herein, enclosed in a sealed envelope, addressed to the City for
attention of the City Manager, postage and prepared and
certified.
10.2. If notice is given to Developer by personal
delivery thereof to Developer or by depositing the same in the
United States Mail, enclosed in a sealed envelope, addressed to
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Developer at the address as indicated in this agreement or at
another place as designated to the City by the Developer in
writing, postage prepaid and certified.
11. The City shall not, nor shall any officer, employee of
the City, be liable or responsible for any loss or damage
happening or occurring to &&W&&r~s building for the exercise
of any of the r dkCs'provi&M to the City pursuant to this
agreement, rclrgzkr&less of We nature of the loss or damage.
12. Th98 agreement and the cuveinants contained herein shall
be binding upon and enure to the benefit of the successors,
heirs, assigns and transferees of Developer and shall run with
the realbpropetiy and create an equitable servitude upon the real
proper%@,
13';, 'lchic agreement shall be recorded but shall not create
a lien or security interest in the Property. When the
obligations of tbie agreement have been satisfied and appropriate
fee paid to record a release, City shall record the release.
14. The prevailing party in any dispute between the parties
shall be the right to rscover'frum the non-prevailing party all
costs and attorney's feek'exp~nded in the course of such dispute.
15. Except as otherwise provided herein, all notices
required or provided for under this agreement shall be in writing
and shall be delivered in person or served by certified mail
postage prepaid. Delivery of notice to Developer shall be
presumed to have been made on the date of mailing regardless of
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receipt by Developer. Notices required to be given to Developer
shall be addressed as follows:
Iraj Yazdi 7937 Camino Kiosco
II
San Diego, CA 92122
Executed by Developer this day of &UT !O I
19 . v '_ i :
DEVELOPER: Cl%% OF CARLSBAD, a municipalcorporationof Iraj Yazdi, a single man: Daryuush the Stat& of California Yasha, a single Pan, Bernard Rosenthal and Irene IL Rosenthal, husband and wife: Mahdi Hossazadeh and Shahnaz Mossazad@h, husband and wife, all as tenants in common. for City Manager
(Proper notarial acknowledgement' of execution by DEVELOPER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney
By: Deputy City Attorney
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Individual Acknowledgment
STATE OF CALIFORNIA
COUNTY OF SAM ok=%
#&orr7 10 ,199fE, before me, the undersigned, a Notary Public in and for said County
zd State, personally appeared &&y&d! /&J#&, lY&+!~/ Mr%.wz4D~,
S~~NlvjzQZ hasst4 z4.E~ BEHM&PD /f&&v7~~L~S&dE H
personally known to me (eta be the person L whose
subscribed to the within instrument and acknowledged that + executed the
WITNESS my hand and official seal.
County and State.
GENERAL ACKNOWLEDGMENT NO. Ml
0FFlciA~ NOTARY SEAL
M EDWlluA SIPI1u Notary Pubtiic - calitunla SAN DIEGO COUNTY
the undersigned Notary Public, personally appeared
\V& \
0 personally known to me
-E?f5%ved to me on the basis of satisfactory evidence
to be the person@#whose name&. - \“s --- subscribed to the
within instrument, and acknowledged that - ‘b-C executed it.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above G o‘M4ws
!c 122 NATIONAL NOTARY ASOCMKN .8236 Remmet Ave.. P.O. Box 7194. Carqa Park. CA 913X